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ESTATE OF WASHINGTON v. U.S. SECRETARY OF HEALTH

No. 94-3178.

53 F.3d 1173 (1995)

ESTATE OF Katherine WASHINGTON by Kenneth WASHINGTON, Administrator, Plaintiff-Appellant, v. The UNITED STATES of America, SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 2, 1995.

Attorney(s) appearing for the Case

Kenneth M. Clark, Young, Bogle, McCausland, Wells & Clark, Wichita, KS, for plaintiff-appellant.

Paul D. Scott, Atty., Appellate Staff Civ. Div., Dept. of Justice, Washington, DC (Frank W. Hunger, Asst. Atty. Gen., Washington, DC, Randall K. Rathbun, U.S. Atty., Wichita, KS, and Anthony J. Steinmeyer, Atty., Appellate Staff Civ. Div., Dept. of Justice, Washington, DC, with him on the brief), for defendant-appellee.

Before EBEL and KELLY, Circuit Judges, and BRATTON, District Judge.

PAUL J. KELLY, Jr., Circuit Judge.

Plaintiff-Appellant Estate of Katherine Washington ("the Estate") appeals the district court's granting of a motion for judgment on the pleadings, Fed.R.Civ.P. 12(c), in favor of Defendant-Appellee Secretary of Health and Human Services. Our jurisdiction arises under 28 U.S.C. § 1291 and we vacate the district court's judgment and render judgment as hereinafter set forth.

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